# Alexander v. Eldred

> Appellate Division of the Supreme Court of the State of New York · March 8, 1984 · 100 A.D.2d 666

URL: https://www.frixlaw.com/law-library/cases/9786637

## Case

- **Full name:** Scott L. Alexander, Appellant-Respondent, v. Frank D. Eldred Et Al., Respondents-Appellants
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 8, 1984
- **Citations:** 100 A.D.2d 666; 473 N.Y.S.2d 864; 1984 N.Y. App. Div. LEXIS 17655
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mahoney
- **Judges:** Mahoney, Casey
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9786637

## Opinion text

Mahoney, P. J. (concurring in part and dissenting in part).
While I agree with the majority that the verdict in terms of damages was not excessive, and, further, concur that defendant City of Ithaca had a duty to erect and maintain such traffic control signs as were necessary to protect the driving public (Vehicle and Traffic Law, § 1640, subd [a], par 1; see, also, Uniform Traffic Manual, 17 NYCRR 207.4 [a]), I cannot agree that the city’s failure to erect or post a stop sign at Edgecliff Place proximately contributed to the accident. It is clear from the evidence that defendant cab driver did stop at the intersection. Further, he pleaded guilty to a violation of section 1140 of the Vehicle and *668 Traffic Law. In my view, it was improper for the trial court to have submitted the issue of defendant city’s negligence to the jury. Accordingly, I would modify the verdict by setting aside so much thereof as imposed liability against defendant city.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786637. Public record. Not legal advice.